New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-04-19
rs THE Arcade RAILWAY DEADi
OBRIEN SAYS 1T is.

AN OPINION GIVEN TO GOVERNOR HILi<-hEhAfh-
ABLE HISTORY OF THE DocUMENT-A.P MANS
VIEWS AS TO THE WAY PROPERTY OWNERS
HAVE BEEN USED.
When the Arcade Railway Company was before tho
Legislature April Of last year urging the passage OF
last bill the Broadway and Madison property owners
some LOCO in number who were opposing Melville [.
Smiths endeavors to promote the measure, authorized
two of their number to call upon Attorney Generai
OBien and urge him to apply for leave TO begn an ac
ton to dissolve the Arcade corporation On April To-
1885, the Attorney General wrote exhaustive opinion
on this applcaton and his conclusions given In the
following words:
THE ATToRNEY-GENERALs OPINION.
am therefore, constrained to say, from an examina-
tiop of the facts and law involved this application that
refuse to make an application TO the court or
to begin action against this company for the forfeiture
Of the charter because 6elicce nt such an action pod
be useless and for The reason that the company
has already forfeited its charter in that has faied 10 COM
PLY ciM the provisions of ne General Raiiroad act, to
hch is subject or, in other rords that its corporate er-
istenee and p0pers hare ceased.
"7Aereforedny act chich tie company may he,fatper
form attempt TO perform in TIE eadearor to carry out me
purposes Of tie original incorporation ieod be not only
warGted in lac. but trespass upon The rights elmer
ofe city Of idviduals To restrain such acts there
exist clear remedies without calling for the assistance OF
a suit by the people of the State.
"Even il did not believe the law to be as have here
nbefore stated should hesitate at this moment 10
grant this applications for the reason that am I
the character Of which fully informed affecting
await the result Of such legislation before resorg to
the courts. If thought such action necessary"
Judge John f. Dilon and Joseph Auerbach, represents
the 2eo Broadway and Ma Mad , property ny
S So IN road the following
the FMS and outs Of this opinion. He said:
1.-THE more think upon the Arcade Halfway project
twenty years. the more am amazed at the audacit OF
and the fact that in Broadway are
in position where they iad it necessary to combine
Railway Company is not IN existence Its rights snd
are nssd and sun i is at Albany eann
all this In spite OF the written opinion OF the Atior
neyGenera that the company is dead and gone Vi mat
will speak later
HISTORY OF THE ARCADE.
"In 1868 the Beach Pneumatic Transit Comp any was
organized to send packages through pneumatic tubes In
1873 it authorized to construct railroad The rail-
road laws of 1850 amended in 1867 provide that II
any corporation formed under the general railroad laws
shall not within five years after its articles Of incorpora
ton been fled have begun the construction or its
road and expended per cent OF its capital or shall not
years Its corporate existence ani powers shall
II has been repeatedly held that when railroad com
pany has not complied with this section Its existence Is
absolutely ended and that no adjudication by the court
The Arcade never did anything. By section y
of the Arcade statute OF 1873 was
expressly provided that said corporation snail
possers all the powers and privileges and be subject TO all
the duties ana liabilities imposed railroad corporations
by the laws OF the state not wn raG caer
contend that In five years from the enactment OF the
ceased they claim that their time extended by
the act OF 1881. But If they were dead in 1873
aSr Snendmen Of the Lessaiure
passing such charter the Arcade Company contends
ii got Ill 1881, for that was q new grant.
THE CHARTER DEAD AND GONE.
When Arcade Droect pending In the Iegislat-
April two leading property owners petitioned
the AtorneyGeneral 10 bring suit in the nature OF
quo ,carrarto to have the charter OF the Arcade
adjudicated be void The Attorney-Gen-
eral then prepared an elaborate and careful
opinion reviewing the statutes and decisions at length
with careful research aud he declined TO bring suit
the express ground that idle TO bring such
tion the charter was clearly aud absolutely dead aud
It, therefore, naturally required no adjudication
But VIVA. was done with this opinion I" Mr. Man was
asked
Well" said he cautiously, that is OF the
markable features Of the whole Arcade matter. When
the hearing The bill came before Governor Hill his atten
wSs TO the % 81 n % 70 s
Generals opinion the Governor took the ground 10 sub
the Executive decide whether the statute coust
tutiona but that rather question for the courts
THE OPINION AND THE COURT.
"when the suit Of the prorerty-owners was before
Justice Van Brunt counsel stated that such opinion
of the Attorney General in existence. This de-
MED by counsel Of the Arcade road Thereupon by
mission obtained by telegram from the Attorney
the original opinion produced. Thereupon the Ar.
cades counsel stated that he had been msnformed
presume had been. Here is a copy OF the opinion"
Mr.. Man produced the opinion containing the words
above quoted. IL the Att0rnew cneral reviews the
whole and makes the popts stated by Mr. Man.
How it," he asked that with such opinion
existence the Arcade company has been going on It's
wayl"
'!well. you tell Mr. Smith urged upon the Legislature
and the Governor the view that they
not concerned with the coDsttutonality OF the
bill Governor, with that opinion before him. took
that view The clear remedies referred to quo
uorrdnto aud the Arcade should attempt 10 begin
building its road the meaning OF Ii would appear Ubt
it does, suppose Mr. Smith will continue TO seem TO be
alive win go to Albany and claim all broadway and
keep up general appearance OF very lively corpse
In view OF all these facts however and the knowledge
that 80 many property-owners have had 10 combine
against Mr. Smith and his scheme, think 1t must be
admitted that II Is remarkable history O! phase OF rail
road legislation. For some reason tue public Is In gno
OF the facts and what IL being tod in TIE
TRIBUNE is opening the eyes OF the public wonderfully
HOBOKEN GREATLY INCENSED